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[2014] ZALCJHB 315
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National Union of Metal Workers of South Africa obo Members v Motheo Steel Engineering (J271/2014) [2014] ZALCJHB 315 (7 February 2014)
REPUBLIC
OF SOUTH AFRICA
IN
THE LABOUR COURT OF SOUTH AFRICA
(HELD
IN JOHANNESBURG)
JUDGMENT
OF
INTEREST TO OTHER JUDGES
CASE
NO: J 271/2014
In
the matter between:
NATIONAL
UNION OF METAL WORKERS
OF
SOUTH AFRICA OBO MEMBERS
APPLICANT
and
MOTHEO
STEEL ENGINEERING
RESPONDENT
Heard:
07 February 2014
Delivered:
07 February 2014
Summary: (urgent
application-applicability of s133 (1) (a) of the Companies Act
-
s 189A of the LRA)
JUDGMENT
LAGRANGE,
J
[1]
In terms of
s 210
of the
Labour Relations
Act, 66 of 1995
a matter dealt with in that Act prevails over the
provisions of any other law save the Constitution or any Act
expressly amending
it. I am satisfied that
s 133(1)
of the
Companies
Act 71 of 2008
does not expressly amend the provisions of the LRA,
and insofar as it might otherwise prevent legal proceedings without
the leave
of a court or the relevant business rescue partner, it does
not prevent the applicant bringing this application.
[2]
Nonetheless, the business rescue partner
should be cited as a respondent.
[3]
As the applicant could not have known about
the status of the respondent when it launched these proceedings, the
following order
is made:
3.1
The matter is postponed to 13 February
2014.
3.2
The applicant must file an amended notice
of motion on the respondent and the business rescue partner of the
respondent, together
with a copy of the application and this order on
the business rescue partner.
3.3
The respondents must file any opposing
affidavits by 16h00 on 11 February 2014 and the applicant must file
any replying affidavit
by 16h00 on 12 February 2014.
3.4
No order is made as to costs.
_______________________
R LAGRANGE, J
Judge of the Labour
Court of South Africa
APPEARANCES
APPLICANT:
T. Manasoe of Numsa
FIRST
RESPONDENT:
R. Grundlineh instructed by Nothnagel Attorneys